Amended  IN  Senate  June 26, 2024
Amended  IN  Assembly  April 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3031

Introduced by Assembly Members Lee and Low
(Coauthors: Assembly Members Calderon Calderon, Haney, and Ortega)

February 16, 2024

An act to add and repeal Chapter 1.2 (commencing with Section 8015) to Division 1 of Title 2 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 3031, as amended, Lee. LGBTQ+ Commission.
Existing law establishes within the state government various commissions, including, but not limited to, the Commission on the State of Hate, the Commission on the Status of Women and Girls, and the California Commission on Disability Access.
This bill would establish the LGBTQ+ Commission in the state government. The bill would provide for the appointment of 9 members, appointed by the Governor, the Speaker of the Assembly, and the Senate Committee on Rules. The bill would require members of the commission to serve at the pleasure of the appointing power, to be appointed for terms of four years, except as specified, and to elect one of their number to serve as chairperson of the commission. The bill would authorize the commission to appoint officers from its membership and form advisory committees, as specified, in order to carry out and fulfill its duties, and require the commission to determine the powers and duties of appointed officers and advisory committee chairpersons. The bill would establish the goals of the commission, which would include, among other things, acting in an advisory capacity to the Legislature and the Governor on policy matters affecting the state’s LGBTQ+ community and its members. The
The bill would require the commission to have the powers and authority necessary to carry out its duties, including conducting fundraising activities that may require a payment or purchase to attend. The bill would, commencing July 1, 2025, require the commission to convene quarterly meetings to identify the statewide needs of the LGBTQ+ community and to assist in implementing supportive policies and initiatives to address the needs of the LGBTQ+ community. The bill would require the commission to submit a report summarizing certain information and making specified policy recommendations to the Legislature and the Governor by January 1, 2027, and annually thereafter.
The bill would establish the LGBTQ+ Commission Fund as a fund in the State Treasury to carry out the bill’s provisions in support of the commission, upon appropriation by the Legislature in the annual Budget Act. The bill would require all moneys collected or received by the commission from gifts, bequests, or donation to, subject to the approval of the Department of Finance, be deposited in the treasury to the credit of the fund, as specified.
Existing law, the Bagley-Keene Open Meeting Act, generally requires, with specified exceptions for authorized closed sessions, that the meetings of state bodies be open and public and that all persons be permitted to attend.
This bill would specify that the act does not apply to, among other things, any fundraising event held or organized by the commission, provided that a majority of members of the commission do not hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the commission.
The bill would repeal its provisions on January 1, 2035.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 1.2 (commencing with Section 8015) is added to Division 1 of Title 2 of the Government Code, to read:
CHAPTER  1.2. LGBTQ+ Commission

8015.
 (a) There is hereby established in state government the LGBTQ+ Commission. The commission shall be composed of nine members, as follows:
(1) Five members appointed by the Governor.
(2) Two members appointed by the Speaker of the Assembly.
(3) Two members appointed by the Senate Committee on Rules.
(b) Appointments to the commission shall be considered among individuals who represent the geographical, racial, gender, diverse identities, ethnic, socioeconomic, cultural, age, and educational diversity of California’s LGBTQ+ community.
(c) The members of the commission shall serve at the pleasure of the appointing power and shall be appointed for terms of four years, except those who are first appointed, who shall serve for the following terms:
(1) Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of three years.
(2) Two members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules shall be appointed for a term of four years.
(d) The members shall elect one of their number to serve as chairperson of the commission.
(e) (1) The commission may appoint officers from its membership and form advisory committees, as needed, in order to carry out and fulfill its duties under this subdivision. The commission shall determine the powers and duties of appointed officers and advisory committee chairpersons.
(2) Any advisory committee formed by the commission shall be led by an advisory chairperson, who is a member of the commission, and may be comprised of member or nonmember advisers who possess specialized knowledge or experience to inform the work and further the goals of the commission, ensure that the work of the commission reflects the current experience of the state’s diverse population and communities, and promulgate the recommendations, practices, strategies, tools, and resources developed by the commission.

(c)

(f) The commission shall have the following goals:
(1) Act in an advisory capacity to the Legislature and the Governor on policy matters affecting the state’s LGBTQ+ community and its members.
(2) Engage in fact finding, factfinding, data collection, and information gathering on matters impacting the state’s LGBTQ+ community, including LGBTQ+ experiences and needs.
(3) Review, evaluate, and assess programs affecting the state’s LGBTQ+ community.
(4) Provide the Legislature and the Governor with information and recommendations for actions to be taken by the Governor and the Legislature, including, but not limited to, policy solutions and legislation that will help the state respond to the needs of the state’s LGBTQ+ community.

(d)Commencing July 1, 2025, the commission shall convene quarterly meetings to identify the statewide needs of the LGBTQ+ community and to assist in implementing supportive policies and initiatives to address the needs of the LGBTQ+ community, including, but not limited to, the following:

(1)Identifying systemic inequalities and barriers that affect the LGBTQ+ community.

(2)Identifying methods to improve and protect the health, safety, and well-being of the state’s LGBTQ+ community and its members across all levels of state and local government.

(3)Monitoring state policy proposals including legislation and regulations affecting the LGBTQ+ community.

(4)Working with state agencies to assess programs and policies that affect the LGBTQ+ community.

(5)Coordinating with other related commissions to address issues of mutual concern.

(6)Working as a liaison between the public and private sector to eliminate barriers to economic and health equity for the LGBTQ+ community.

(7)Holding public hearings and gathering input on issues related to the unique problems and needs of the LGBTQ+ community.

(8)Identifying challenges that impact current and former LGBTQ+ foster youth.

(e)(1)Notwithstanding Section 10231.5, the commission shall submit a report to the Legislature and the Governor by January 1, 2027, and annually thereafter, summarizing the information gathered under subdivision (d) and making policy recommendations to address the needs of the LGBTQ+ community.

(2)A report to be submitted under paragraph (1) shall be submitted in compliance with Section 9795.

8015.1.
 (a) The commission shall have the powers and authority necessary to carry out the duties imposed upon it by this chapter, including, but not limited to, the following:
(1) To employ administrative, technical, and other personnel as may be necessary for the performance of its powers and duties.
(2) To hold hearings, make and sign any agreements, and to do or perform any acts that may be necessary, desirable, or proper to carry out the purposes of this chapter.
(3) To cooperate with, and secure the cooperation of, any department, division, board, bureau, commission, or other agency of the state to facilitate it to properly carry out its powers and duties.
(4) To accept any federal funds granted, by act of Congress or by executive order, for all or any of the purposes of this chapter.
(5) (A) To accept any gifts, donations, grants, or bequests for all or any of the purposes of this chapter, and to conduct fundraising activities that may require a payment or purchase to attend.
(B) Notwithstanding any other law, the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3) shall not apply during either of the following circumstances:
(i) Any fundraising event held or organized by the commission, provided that a majority of members of the commission do not hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the commission.
(ii) Any meetings conducted by the commission solely for purposes of raising funds for the LGBTQ+ Commission Fund, provided that a majority of members of the commission do not hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the commission.
(b) (1) Commencing July 1, 2025, the commission shall convene quarterly meetings to identify the statewide needs of the LGBTQ+ community and to assist in implementing supportive policies and initiatives to address the needs of the LGBTQ+ community, including, but not limited to, the following:
(A) Identifying systemic inequalities and barriers that affect the LGBTQ+ community.
(B) Identifying methods to improve and protect the health, safety, and well-being of the state’s LGBTQ+ community and its members across all levels of state and local government.
(C) Monitoring state policy proposals, including legislation and regulations affecting the LGBTQ+ community.
(D) Working with state agencies to assess programs and policies that affect the LGBTQ+ community.
(E) Coordinating with other related commissions to address issues of mutual concern.
(F) Working as a liaison between the public and private sector to eliminate barriers to economic and health equity for the LGBTQ+ community.
(G) Holding public hearings and gathering input on issues related to the unique problems and needs of the LGBTQ+ community.
(H) Identifying challenges that impact current and former LGBTQ+ foster youth.
(2) (A) Notwithstanding Section 10231.5, the commission shall submit a report to the Legislature and the Governor by January 1, 2027, and annually thereafter, summarizing the information gathered under paragraph (1) and making policy recommendations to address the needs of the LGBTQ+ community.
(B) A report to be submitted under subparagraph (A) shall be submitted in compliance with Section 9795.

8015.2.
 The LGBTQ+ Commission Fund is hereby created as a fund in the State Treasury to carry out this chapter in support of the commission, upon appropriation by the Legislature in the annual Budget Act. Subject to the approval of the Department of Finance, all moneys collected or received by the commission from gifts, bequests, or donations shall be deposited in the State Treasury to the credit of the LGBTQ+ Commission Fund, in accordance with the terms of the gift or donation from which the moneys are derived and in accordance with Sections 8647, 11005, 11005.1, and 16302 of the Government Code.

8015.3.
 This chapter shall remain in effect only until January 1, 2035 and as of that date is repealed.